Cancelled flight: what refunds am I entitled to in my case?
FR

Translated into English.

Original post
AS
Hi there,

I never thought I’d end up in the "travel horror stories" section of the forum. But here we are—it happened Sunday, June 12th, in the evening at Gatwick. Tons of flights were cancelled, including ours (EasyJet LGW-GVA at 5:05 PM), right before boarding, due to cracks on the runway (?!?).

After 3 hours of "vague promises" (around 10 PM), my girlfriend and I went back through immigration, picked up our luggage, and started the endless queue to get rebooked and accommodated. Estimated wait: a 100-meter line and 4-5 hours with no guarantee of a result.

Then we got a text from EasyJet offering to let us find our own hotel room and promising a refund. Since it smelled fishy (all EasyJet flights the next day were full), we booked a room at the Ibis and reserved a BA flight from LCY on Monday, June 13th.

Question: what are we entitled to?

1) Refund for the 2 tickets + luggage for LGW-GVA? I think that’s a given.

2) Refund for LCY-GVA? I don’t think so, since we rebooked ourselves.

3) Refund for the night at the Ibis? Since they told us to handle it ourselves and promised a refund via text.

4) Anything else?

Thanks in advance for your replies. I need to prepare the refund request.
CA Cappucciyo Regular ·
Hello,

The procedure is described here: http://www.easyjet.com/en/help/at-the-airport/delays-and-cancellations

Indeed, since you booked a replacement flight yourself, I don’t think you’ll get a refund—but there’s no harm in asking in your letter. Just attach copies of all your receipts (hotel, meals, anything you can find).

From what I can see, you qualify for 250 € compensation per person (check the EasyJet page). I can’t say whether they’ll claim "extraordinary circumstances" to avoid paying.

A forum member keeps this blog updated with sample letters: http://retardimportantavion.unblog.fr/

There are also websites that handle the claim for you in exchange for a percentage (I think some take 25%):

https://www.air-indemnite.com/ https://www.vol-retarde.fr/

We’d all really appreciate it if you kept us posted! :)
GI Gilmau Regular ·
Hello, Your explanations are clear; mine will probably be less so, and I apologize for that. Since EasyJet is a European airline, your travel contract is subject to EU Regulation 261/2004, which I encourage you to read—particularly Articles 5, 6, and 7: http://eur-lex.europa.eu/legal-content/FR/TXT/?uri=celex%3A32004R0261. Keep in mind that all airlines have always fiercely opposed this regulation and will do everything possible to avoid fulfilling their obligations under it (see all the posts on this topic). So don’t expect to receive a check in response to your first letter. You might, however, get a marketing letter praising the company’s merits and the efforts of its teams. That said, if you proceed calmly, methodically, without emotion, with patience and persistence… you *will* get your refund. Your Gatwick-Geneva flight was canceled. 1- The airline must display passenger rights for delays and cancellations "legibly" at the check-in counter. 2- They must assist you and cover, at their expense: hotel, meals, transfers, and communication. 3- They must re-route you to your destination as quickly as possible, using any means they deem appropriate. This isn’t just sending an SMS—it’s a real, physical commitment. Since they didn’t do this, I suggest you keep their SMS, print it out, and demand reimbursement for all expenses (damages) you incurred on-site. On this point, there shouldn’t be too many issues. However, it doesn’t seem like you waited for their re-routing proposals and instead decided, without consulting them, to buy new tickets on BA for London City to Geneva the next day. In your letter, try to claim reimbursement for these. Justify it by the fact that EasyJet didn’t offer re-routing, even though it was possible—and you managed it yourself. They’ll argue that you left the airport without waiting for their proposals. You’ll need to respond with a threat of legal action. If they were able to contact you by SMS to tell you to find your own hotel, they could’ve done the same to propose re-routing. 4- They owe you 250 € per passenger for this flight. This compensation is in addition to reimbursement for expenses and damages. Unless "extraordinary circumstances" apply. Are "cracks on the runway" an extraordinary circumstance? I don’t know. But rest assured, EasyJet is convinced they are. Did these cracks even exist? Do they prevent planes from taking off? Is there only one runway at LGW? Did other aircraft take off at the same time? It’s up to them to prove it, and for the courts to assess. I suggest you claim this compensation (in the same letter, sent via registered mail with acknowledgment of receipt) and suggest that if EasyJet plans to invoke extraordinary circumstances, they provide proof. Otherwise, you’ll take legal action. A word of caution: I handle these kinds of disputes, but I’m not a legal expert. Best regards,
Si tous les gens qui disent du mal de moi savaient ce que je pense d'eux, ils en diraient bien davantage...
AS Asylum Regular ·
Thanks for your replies.

Sure enough, we rerouted ourselves without waiting in the ~4-hour queue. So I’ll be asking for a refund on the BA return, arguing that they couldn’t process a rerouting within a reasonable timeframe.

As for the 250 € we can claim "outside of exceptional events," I’ll argue that the two following EasyJet flights to Geneva did take off (apparently there’s a "backup" runway at Gatwick?!?). So the cancellation of this flight seems strategic too. Was the plane supposed to return and be available the next morning at Gatwick???

For the hotel, I’m attaching a copy of the text message telling us to sort it out ourselves.

And obviously, I’m asking for a refund on the EasyJet ticket.

I’m copying my legal protection provider so they’re aware, in case I need to use them. It’ll depend on EasyJet’s response.

I’ll keep you posted. But I get that this is going to take a while.
PR Protege Globetrotter ·
If it's about the damaged runway and it's truly damaged, I don’t think you’ll get compensation under the European regulation since it’s not the airline’s fault. At best, you might get a refund for the hotel room—unless EasyJet uses the excuse that you didn’t travel with them the next day.
AS Asylum Regular ·
Yeah, the 250 € is gonna be tough. But I’ll give it a shot, saying other flights took off from an alternate runway.

For the rest, given the text, the queue, and the stories from other people we saw again the next day on the BA flight after sleeping at LGW, they weren’t able to rebook and accommodate everyone.

We’ll see what we get 😏

It was a rough experience but manageable for us. When I think about families, elderly folks, or people who are really tight on budget and have no choice but to wait for hours just to be told there’s no solution and they have to sleep at the airport—that’s when it gets really tough.
PR Protege Globetrotter ·
That must have been rough—I’ve had experiences like that before.

FYI, the planes used to take off from the old runway, which is now the taxiway ;). Good luck with the refunds.
GI Gilmau Regular ·
A few more comments: - Beyond displaying passenger rights in case of delay or cancellation, European airlines (or non-EU airlines departing from European territory) must offer delay bulletins to all passengers. Given their reluctance to assist and compensate customers, the European legislator insisted on the term offer, rather than provide to those who request it. Since travelers are often unaware of their rights, the compensation amounts end up boosting the airline’s "provisions" line in their income statement. - If they can do more, they can do less—you’re not wrong to ask for a refund for your two return flights to GVA (the canceled EasyJet flight + the completed BA flight). However, if this carrier had an obligation to fulfill its contract to the end, that meant getting you back to GVA. Due to their failures, you had to pay for two returns. It’s reasonable for them to reimburse you for ONE. In my opinion, a court wouldn’t order reimbursement for two returns (?) - On https://www.flightradar24.com/airport/lgw/departures, I found several departures matching your canceled flight. It seems the "exceptional circumstance" related to runway conditions doesn’t hold up. D82856 / Norwegian 12/06/2016 London LGW Stockholm ARN Scheduled 17:30 Departed 18:55 U28611 / EasyJet 12/06/2016 London LGW Malaga ARN Scheduled 17:05 Departed 19:35 U25257 / EasyJet 12/06/2016 London LGW Rome FCO Scheduled 17:05 Departed 18:24

- The damage related to hotel expenses is tied to this canceled flight. It seems unrelated to your decision regarding the replacement flight (see a previous comment). - In your letter, it’s best to stick to the facts. Emotions or human factors won’t sway an airline’s legal department or influence a judge’s decision. They’re neither quantifiable nor measurable. However, a court will carefully examine all legal grounds you present: EU regulations, case law, European Court rulings. The "Sturgeon" ruling on flight delays is a great example. When drafting such a letter, keep in mind it may become part of a legal file. It should be factual, polite, clear, well-structured, easy to read, and memorable. It must be provable. Your requests should be clearly stated and indisputable. In short: describe the damage, prove it, quantify it, then demand reimbursement. Best regards,
Si tous les gens qui disent du mal de moi savaient ce que je pense d'eux, ils en diraient bien davantage...
PR Protege Globetrotter ·
I completely agree, except on the point about the runway. Many flights were canceled or delayed due to the condition of the runway and the decision to operate flights from the taxiway.

For the delays, some planes couldn’t take off because of the closure of destination airports like GVA, so this wasn’t the airline’s fault.

What’s more, easyJet was ready to pay for a hotel room and transport passengers to GVA.

That said, there’s no harm in asking for refunds—just don’t expect compensation under European regulations.
AS Asylum Regular ·
Hmm, about the trail, we'll see. Let's just say there was still time to reach GVA. I get the feeling they needed the plane the next day at Gatwick and it was better to cancel this flight (and others) to avoid jeopardizing the next day's flights.

They did want to accommodate and rebook us. But they weren't able to.

I understand that legally, it doesn't make sense to get refunds for both the canceled EasyJet flight and the BA flight. Logically, it should be the price difference between the two that gets refunded.

Anyway, we'll see what we get. We're gonna fight to get the max.
PR Protege Globetrotter ·
The issue with the runway is real. Even now, flights are being cancelled or delayed. After that, I couldn’t say whether easyJet needed that plane at LGW or not. The capacity around LGW hasn’t met all the needs, that’s for sure. But hey, if you don’t ask, you don’t get—so go for it. Try to keep us updated on your progress and the (hopefully happy) outcome.
GI Gilmau Regular ·
The appreciation of these "runway cracks" in exceptional circumstances (or not) is what sets us apart. There’s debate, and it’s always enriching. EasyJet’s interest will be to cling (tooth and nail) to this regulatory exclusion. From experience, I’ve seen that courts examine very carefully the arguments and evidence operators can provide when they try to use it. They always keep in mind the need to curb abuses, and judges are well aware of airlines’ practices. In the case we’re discussing, we have proof that several planes took off at the same times as the canceled flight. A delayed departure at 6:30 PM instead of 5:05 PM was possible and would have allowed arrival at GVA before its closure. Several rulings, corollaries of Regulation 261/2004 established by the Court of Justice of the European Union, clearly state the truly exceptional nature that the circumstance must have. They also urge national courts to remain extremely vigilant on this point. That evening, there was indeed a runway incident, since many flights were delayed. But it wasn’t exceptional since they took off, including two EasyJet flights. It wasn’t insurmountable, since they overcame it. We should dig into the rotation of EasyJet aircraft scheduled to depart from Gatwick: Where was the aircraft involved in the cancellation supposed to go the next morning? Imagine that on the evening of 06/12, it was supposed to return from GVA to XXX (half-empty and at a low price), then operate a rotation on the morning of 06/13 from XXX (overbooked and at full fare). Its late arrival in Geneva would have prevented this (compensation +++ for a full flight the next day), and they would have had to accommodate the crew on-site (+ hourly costs and disrupted schedules). It’s also possible that the two other EasyJet flights chosen to take off (Malaga and Rome) were scheduled to spend the night at their destination. What would we have done in their place? The same thing... Then, we would have applied the usual low-cost strategy: avoiding unnecessary announcements like distributing delay notices, handling our assistance obligation minimally, and finally letting a few complainers claim their compensation. And then: good luck to them getting it, because that’s the part we know how to handle in our best interest... Best regards,
Si tous les gens qui disent du mal de moi savaient ce que je pense d'eux, ils en diraient bien davantage...
DE Derviche666 Veteran ·
Hi,

I don’t quite agree that the issue was something EasyJet could have overcome.

I imagine that putting the backup runway into service took time (which explains part of the delay for the other EasyJet flights mentioned above). Plus, that backup runway may have a lower capacity than the main one. And since Gatwick is a busy airport with few (if any) night flights allowed after 11 PM, airport authorities might have decided to cancel some flights that evening (but not all).

So, this was a rare, unpredictable event that EasyJet couldn’t fully overcome—an extraordinary circumstance.
photos de voyage: " https://www.flickr.com/photos/franciswalter06/albums";
GI Gilmau Regular ·
Hello Derviche, You might be right, Maybe I’m not wrong either... Your arguments make sense, and I hear you, but it would all depend on a judge’s interpretation of an exceptional circumstance. Regulation EC 261/2004 doesn’t define it. That’s why the CJEU (Court of Justice of the European Union) has clarified it much further in its various rulings. Many legal experts have already questioned it on this matter. The issue arises every time an airline tries to use it to justify a delay or cancellation, much like "force majeure" in the Montreal Convention. Example of a recognized exceptional circumstance: the Icelandic volcano eruption a few years ago. We’re far from that! These runway cracks weren’t caused by a sudden and unforeseeable earthquake at Gatwick, but by a lack of maintenance on the part of the airport operator. So, it would be a technical incident—certainly not the airline’s responsibility, but rather one of its subcontractors. That didn’t stop them from letting some of their planes take off and not others, likely based on their economic interests. In my view, a technical incident has never been recognized as an exceptional circumstance, since, by definition, it’s possible to identify those responsible. Following this reasoning, I suspect a court would refuse to penalize the consumer by denying them compensation. Moreover, it would make sense for the customer to take action against the airline rather than the airport, since they contracted with the airline. Legal action *could* (or *should*?) lead to the airline being ordered to pay compensation, as they failed to meet their contractual transport obligations. It would then be up to them to seek recourse from the negligent airport operator.

For example: Airbus is currently announcing delays of several months in delivering some of its aircraft, due to seat supplier (Zodiac) failures. It’s not their fault... but their subcontractor’s... Do you think client airlines consider this an exceptional circumstance because a supplier’s subcontractor failed? Of course not. Airbus is responsible for fulfilling its sales contracts and will have to pay compensation to its clients, then seek recourse from Zodiac. However, since I’m not a legal expert, I can’t say my arguments are set in stone. Best regards,
Si tous les gens qui disent du mal de moi savaient ce que je pense d'eux, ils en diraient bien davantage...
AS Asylum Regular ·
Continuing the story.

Initially, no response from EasyJet to our registered letter. So, we activated our legal protection, which finally received a reply at the end of September. EasyJet is trying to dispute the exceptional circumstances to avoid refunding the 2 x 250 € (we’ll try to contest this by arguing that the following flights to Geneva did take off with delays—gotta try). They say they’ll only refund the replacement flight or the cancelled EasyJet flight (logical—we’ll obviously choose to be refunded for the first one). They’re still asking for a few more documents. In short, they’re dragging their feet with a touch of bad faith. Like asking why we returned from City instead of Gatwick and what class we used. Pure luck because it was the cheapest flight! Though we *shouldn’t* have held back and taken the most expensive flight from Gatwick the next day...

Anyway, we sent the documents for the hotel, meals, roaming charges to make the new bookings, the Gatwick–City transport, and the return BA flight.

To be continued in the next episode.
AS Asylum Regular ·
A little over 6 months later, here we are. With the help of our legal protection, we managed to get compensation—maybe not full, but fair. As a goodwill gesture (?), EasyJet gave us the runaround, refusing to refund the substitute BA flight we’d booked, claiming the class wasn’t mentioned on the invoice and we didn’t have boarding passes. After checking, Euro Traveller class *was* listed, and we found the boarding passes. In the end, we got reimbursed for roaming, travel to the hotel and into the city, the hotel itself, meals, and the BA flight. All in all, we came out of it pretty well—both handling things on the ground ourselves and pushing for the refund. But I can’t imagine the hassle for an elderly person or someone who wouldn’t have had the means to sort things out during the incident.
CA Cappucciyo Regular ·
Nice point; we really don’t think enough about the legal advice/protection we might have available, and above all, you’ve got to be patient! 🙂
LE Lescaribous Globetrotter ·
Hi, As the saying goes, "all's well that ends well"—well, more or less! Just out of curiosity, what legal protection did you use? Visa Premier card, mediator, private lawyer? Could always come in handy as info 😏
"Homme libre, toujours tu chériras la mer" (Baudelaire)
AS Asylum Regular ·
This is the worst. A private legal insurance (Allianz in Switzerland) among others.

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